Estate of William Blake Burris - Page 1

                                 T.C. Memo. 2001-210                                  

                               UNITED STATES TAX COURT                                

                      ESTATE OF WILLIAM BLAKE BURRIS, DECEASED,                       
                    WILLIAM B. BURRIS III, EXECUTOR, Petitioner v.                    
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 12899-99.                   Filed August 8, 2001.           

                    H and W resided in Louisiana, a community property                
               State, throughout their marriage.  During their                        
               marriage, H purchased three policies of insurance on                   
               his life using community funds.  H was named as owner                  
               of the policies, and W was initially designated as the                 
               beneficiary.  W predeceased H, and at H’s death the                    
               life insurance proceeds were remitted to his children.                 
                    Held:  The policies of life insurance constitute                  
               community property under Louisiana law such that only                  
               one-half of the proceeds therefrom is includable in H’s                
               gross estate.  Sec. 2042(2), I.R.C.; sec. 20.2042-                     
               1(c)(1), (5), Estate Tax Regs.                                         

               Raymond P. Ladouceur, for petitioner.                                  
               Susan Smith Canavello, for respondent.                                 

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